July 15, 2020
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Berke-Weiss Law Writes About Free Speech in the Workplace for Law360

Since the killing of George Floyd, as a firm we have made an effort to both learn and contribute our expertise to the necessary and ongoing conversations about racism and discrimination in our country. 

As a part of this effort, we wanted to help answer some questions on many New Yorkers’ minds right now: can I be fired for protesting or posting about politics on social media? Am I entitled to take time off to protest? Can my employer force me to take a Covid-19 test after protesting but before returning to my workplace? 

We are excited to share that our research on these topics has been published by Law360 in an article entitled, “When NY Worker Free Speech Rights And COVID-19 Collide,” which examines employee protections under New York Labor Law § 201-d and the latest Covid-19 guidance from the U.S. Equal Employment Opportunity Commission. 

When NY Worker Free Speech Rights And COVID-19 Collide - Law360

By Alexandra Berke, Kacie Candela and Margaret Lee Law360 is providing free access to its coronavirus coverage to make sure all members of the legal community have accurate information in this time of uncertainty and change. Use the form below to sign up for any of our daily newsletters.

Center for American Progress Report Warns Childcare Crisis Will Have Strong Negative Effects on American Women’s Workforce Participation

June 4, 2020
Gender Discrimination
This week, the Center for American Progress released a new report titled “Valuing Women’s Caregiving During and After the Coronavirus Crisis” which highlights the need to support caregivers during the crisis, but also to think about medium- and long-term strategies to ensure that this does not result in a long-term crisis within childcare.

A Generation of Working Mothers Face Employment Disparities

June 4, 2020
Gender Discrimination
Pregnancy Discrimination
This week, the New York Times reports that the temporary setbacks to gender parity in the workplace are in danger of being close to permanent, leaving a whole generation of women behind their male cohort in the workplace. There has been a decade of fragile progress since the Great Recession, and in February, women represented a majority of civilian, non-farm workers employed in the country.

Employers Must Investigate and Report Work-Related Covid-19 Cases to OSHA

June 3, 2020
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Under new Occupational Safety and Health Administration (“OSHA”) guidance, moving forward employers must now investigate how any Covid-19 positive employees may have contracted the virus. If the cause of the infection was likely work-related, the employer must record it as an “occupational illness.”
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